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Judgment
The appellant as proprietor of M/s Tirupati Balaji Traders filed S.A. No. 131/2023 which was stated to be pending before DRT-I, Delhi. The DRT-I, Delhi vide impugned order dated 23.10.2023 has dismissed the I.A. bearing No. 4130/2023 whereby the prayer was made against the respondent from auctioning the property bearing No. B-120, Rama Park, Uttam Nagar, New Delhi.
Sh. Sudhir Kumar Singh, Counsel for the respondent stated that the present appeal has become infructuous as the auction of the subject property has already been conducted and sale is already confirmed in favour of auction purchaser Sh. Vishal Sharma who is also present in person.
Sh. Pallav Saxena, Counsel for the appellant stated that the present appeal can be disposed of by issuing direction to the DRT-I, Delhi to decide the S.A. bearing No. 131/2023 in time bound manner and till then the status quo regarding the possession and the title of the subject property has been maintained.
Sh. Sudhir Kumar Singh, Counsel for respondent in response to the said contention of Sh. Pallav Saxena stated that the sale of the subject property is already confirmed as such the respondent bank be allowed to handover the physical possession of the subject property to the auction purchaser.
In view of above submissions, the present appeal is disposed of with the direction that the DRT-I, Delhi is directed to decide S.A. bearing No. 131/2023 titled as M/s Tirupati Balaji Traders & another v. Canara Bank on or before 31.10.2026. However, the respondent bank shall be at liberty to handover the physical possession of the subject property to the auction purchaser but the auction purchaser Sh. Vishal Sharma who is present today is directed not to assign or part with the possession or create any third party interest in respect of the subject property till the disposal of S.A. bearing No.131/2023.
The pre-deposit is made by the appellants with this Tribunal shall be returned back to the appellants as per rules.